Publications

Legal publications and resources from our team on a wide range of legal subjects and hot topics critical to our clients' needs.

Publications

Legal publications and resources from our team on a wide range of legal subjects and hot topics critical to our clients' needs.

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KiwiSaver for the first home buyer
Introduction to KiwiSaverKiwiSaver is a government initiative that provides New Zealanders with an avenue to save for retirement and help them to purchase their first home.  KiwiSaver is a voluntary service that employees have the opportunity to opt in to (with automatic enrolment for new employees)...
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Could your trust be busted too?
For many years, trusts have been used as a form of asset management and/or asset protection.  They are still very much a useful tool for this, however, the recent Supreme Court case of Clayton v Clayton is a warning that trusts can potentially be “busted” in certain circumstances.

Clayton – trust i...
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The Aksentijevic decision and commercial electronic messages
IntroductionAksentijevic v Department of Internal Affairs [2016] NZHC 226 is a recent decision of the New Zealand High Court in relation to breaches of the Unsolicited Electronic Messages Act 2007 ("the Act").  The District Court (“DC”) found Aksentijevic (“A”) breached sections 9, 10 and 11 of the ...
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Published by Daniel Shore
Franchise update: Restraints of trade in the age of LinkedIn
Restraints of trade and franchise agreements go hand in hand.  Typically, they will try to prevent the franchisee from trading in a similar industry, and for a fixed area and period, after the franchise period comes to an end.  They will also prevent the former franchisee from approaching or “solici...
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Honey New Zealand (International) Limited decision and health claims in the food industry
IntroductionHoney New Zealand (International) Limited v. Director General of the Ministry for Primary Industries [2016] NZCA 141 considered the interpretation of the Food Standards Code (the “Code”) relating to a honey product exported under the “Manuka Doctor” trademark.

The New Zealand Court of A...
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Retirement village disputes: Who decides?
Many people may not realise that there is a separate process for dealing with retirement village disputes.  This process is set out in the Retirement Villages Act 2003 (the Act) and the Retirement Villages (Disputes Panel) Regulations 2006 (the Regulations).  Essentially, certain types of retirement...
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Published by Ashlea Murphy
Are you selling or purchasing a unit title? Do you know about the disclosure requirements?
The Unit Titles Act 2010 (“the Act”) sets out three different statements a seller must provide to a buyer at different stages in the sale and purchase transaction.  The first disclosure statement is called a "pre-contract disclosure statement".

Pre-contract disclosure statementAs the name suggests,...
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Changes to the tax regime affecting property transactions
The NZ government has recently taken legislative steps with the stated objectives of: collecting more information about property buyers and sellers; improving tax compliance; and cooling the heated property market.

Some measures are in place and others are well on the way.  This article covers each...
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Employee share purchase schemes under the Financial Markets Conduct Act 2013
What is an employee share purchase scheme?An employee share purchase scheme (“Scheme”) is defined by the Financial Markets Conduct Act 2013 (“FMCA”) as a scheme that is, “established by an entity under which employees or directors of the entity or any of its subsidiaries … may acquire specified fina...
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Changing the resource legislation landscape - What is proposed and how has it been received?
IntroductionThe next phase of the Government’s plans to reform the environmental law scene was recently completed, with the public submission period on the Resource Legislation Amendment Bill (the Bill) closing in mid-March.  As expected, the Bill has drawn a great deal of interest from a raft of st...
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Amending your rules - Pitfalls for charities
Changing the rules of a charity may seem fairly straightforward and in many cases the process is relatively simple.  However there are a number of pitfalls to look out for when changing your rules, particularly when there are members or beneficiaries who are entitled to vote on rule changes. 

Getti...
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Preserving our history - Heritage New Zealand Pouhere Taonga Act 2014

In May 2014, an Act was introduced that governs the preservation of our cultural and heritage sites. This Act has changed the way heritage sites are recorded, managed and protected in New Zealand. It is important for property owners to be aware of the rules around modifying heritage sites and what to do if a new heritage site is discovered.

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Published by Renika Siciliano
Health and Safety at Work Act 2015
Renika outlines a general summary of the regime under the Health and Safety at Work Act 2015 which came into force on 4 April 2016.

Health and Safety at Work Act 2015

Renika is an Associate in our Workplace Law and Māori Legal Teams, specialising in Employment law.
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Dying without a Will
IntroductionWhen a person dies without a Will, administration of the estate is more complicated than if the person had left one.  Dying without a Will is called “dying intestate”.  Due to the complex nature of dealing with an intestate estate, additional information is required throughout the proces...
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Published by Jonathan Aquilina
Tidal Energy decision and the potential impact on New Zealand banking practices
Tidal Energy Limited v Bank of Scotland [2014] EWCA CIV 1107 considered the role of banking practice when payments are executed through the clearing house automated payment system (“CHAPS”).  The English Court of Appeal by majority held that banks are not required to check that the account name alig...